체류기간연장등불허가처분취소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Details of the disposition
A. The Plaintiff, as a national of the People’s Republic of China, filed a marriage report with B who is a national of the Republic of Korea on September 30, 2009, and entered the Republic of Korea as a sojourn status on January 14, 2010 (F-2) and stayed in the Republic of Korea.
B. B filed a divorce lawsuit against the Plaintiff on September 16, 201, and the Plaintiff also filed a divorce lawsuit against the Plaintiff on November 7, 2011, and the Plaintiff divorced with the Plaintiff on May 21, 2012 from the lawsuit [the original District Court 2011ddan9208 Divorce, 201ddan10956 Divorce, etc.] (the Plaintiff and B shall be divorced. B shall pay consolation money of one million won by June 20, 2012).”
C. Since then, the Plaintiff filed an application with the Defendant for extension of the period of stay as the status of stay for the marriage division (F-6-3), and the Defendant permitted this on March 25, 2013 and extended the period of stay by April 14, 2014.
On February 7, 2014, the Plaintiff: (a) filed an application for extension of the period of stay under the above qualification with the Defendant on February 7, 2014; (b) on May 26, 2014, the Defendant rendered a disposition of non-permission on the ground that “the lack of qualification requirements for extension of the marriage group (F-6-3)” was insufficient (hereinafter “instant disposition”).
[Reasons for Recognition] Facts without dispute, Gap's evidence 1 through 4, 8, 9, Eul's evidence 1 through 3, Eul's testimony, and the whole purport of the pleading of this case is legitimate
A. The Plaintiff’s assertion that the Plaintiff divorced with B is attributable to the causes attributable to B, such as B’s unreasonable demand and intimidation.
Even after the plaintiff's divorce, the defendant permitted the extension of the period of stay of the plaintiff, despite the absence of any change in circumstances, made the instant disposition inconsistent with the previous disposition.
The instant disposition is an infringement of private interest that the Plaintiff could no longer stay in the Republic of Korea compared to the public interest to achieve the instant disposition, and the instant disposition is subject to determination on the causes attributable to the marriage dissolution.